Jolene’s Java Journey served coffees from all over the world. The owner, Jolene, worked hard to develop a logo, a signature color (mellow brown with a swirl of cool cream), and a tagline – Your destination for world-class coffee. She even designed a new process for making a smooth coffee base for her flavored coffee beverages. The business started to slack off, and Jolene realized that a competitor had opened nearby – Josie’s Java Expedition. The competing coffee maker copied almost everything from Jolene, including her logo, signature color, and tagline. Customers were confused. Jolene wasn’t sure how to get her company’s unique identity back. Trademarks might be the answer.
Defining ‘Trademarks’
Trademarks are a type of intellectual property. Intellectual property can be defined as:
“… creations of the mind, such as inventions, literary and artistic works; designs; and symbols, names and images used in commerce.”
It’s a product of human intellect that can be protected from unauthorized use. In Jolene’s case, she had several types of intellectual property, including trademarks, that help make up her company’s unique identity.
- Help identify the source of your goods or services.
- Provide legal protection from infringement. A trademark can protect you
- Protect against fraud and counterfeiting.
Having a trademark does not mean that you can prevent its use by people from other industries. For example, Jolene has a distinctive signature color that helps distinguish her company’s unique identity. She might be able to prevent others in the coffee industry from using it, but not a clothing manufacturer, for example.
Trademark Owner vs. Registered Trademark
According to the United States Patent and Trademark Office (USPTO), there’s a difference between being a trademark owner and having a registered trademark. You can establish limited trademark rights just by associating the trademark with your company’s unique identity. The law does not require you to register your trademark, but it’s something to consider.
You can apply for federal registration of your trademark. If approved, you will have greater protections than an unregistered trademark.
State or Federal Registration – or Both?
Florida business owners can protect their company’s unique identity by registering their trademark with the Florida Secretary of State and/or the USPTO. Generally, your Florida registered trademark only covers use in Florida. A federal trademark registration gives broader, nationwide coverage.
Protecting Your Trademarks Protects Your Company’s Unique Identity
In Jolene’s case, she might be able to stop her competitor from using her logo, signature color, and tagline. Her legal remedies could include sending a cease-and-desist letter or filing a lawsuit. She potentially could recover any money lost because of her competitor’s trademark infringement. To strengthen her rights, she should consider registering her trademark in Florida and possibly with the USPTO.
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.